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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Feb 15, 2011

Mangino v. Incorporated Village of Patchogue

This case involves a motion for reconsideration filed by the Incorporated Village of Patchogue, Fire Marshall John P. Poulos, and Code Enforcement Officer James Nudo, challenging a prior Memorandum and Order. The Court grants the motion for reconsideration regarding the malicious abuse of process claim, finding defendant Nudo is entitled to qualified immunity because the legal landscape concerning probable cause as a complete defense was not clearly established. However, the Court denies the motion for reconsideration of the Fourth Amendment claim, reaffirming that sufficient factual disputes exist regarding plaintiffs' standing, the presence of exigent circumstances, and Poulos's potential liability for fabricating an exigency, which precludes summary judgment based on qualified immunity.

Qualified ImmunityMalicious Abuse of ProcessFourth AmendmentWarrantless EntryExigent CircumstancesProbable CauseReconsideration MotionDistrict CourtSummary JudgmentCivil Rights
References
58
Case No. MISSING
Regular Panel Decision

Doe v. Coughlin

Petitioners John and Jane Doe appealed a judgment dismissing their application to review a determination denying John Doe, an inmate with AIDS, participation in the Family Reunion Program. The court found that participation is a privilege and the respondents' policy of denying access to inmates with communicable diseases, specifically AIDS, was rational. This was based on the uncertainty of transmission and operational exigencies within the prison system. The court also held that the Federal Rehabilitation Act of 1973 did not apply as the specific program did not receive federal funding, and there is no constitutional right to conjugal visitation. Consequently, the judgment dismissing the petition was affirmed.

Prisoner RightsFamily Reunion ProgramAIDSCommunicable DiseaseCorrectional FacilitiesDiscretionary PrivilegeRational Basis ReviewCPLR Article 78 ProceedingRehabilitation Act of 1973Constitutional Law
References
11
Case No. MISSING
Regular Panel Decision
Dec 20, 1974

People ex rel. Price v. Warden of New York City Correctional Institution

The relator, an inmate at the New York City Correctional Institution for Men on Riker's Island, was segregated after an anonymous note indicated a threat to homosexual prisoners. Following an interview and investigation confirming his homosexuality, and his refusal to transfer to segregated housing, he was placed in punitive then administrative segregation. A three-man board hearing preceded his administrative segregation. The court, acknowledging the prison's exigent situation and existing problems within correctional facilities, determined that due process was substantially afforded. Consequently, the Supreme Court, Bronx County's judgment dismissing the relator's petition for a writ of habeas corpus was affirmed.

HomosexualityInmate SegregationPunitive SegregationAdministrative SegregationDue ProcessHabeas CorpusCorrectional FacilitiesRiker's IslandInmate RightsPrison Administration
References
2
Case No. 570086/19
Regular Panel Decision
Jan 06, 2020

People v. Daye (Kenrick)

The People appealed an order from the Criminal Court of the City of New York, Bronx County, which granted the defendant's motion to suppress a dog recovered from his backyard. The Appellate Term, First Department, affirmed the suppression order, finding no basis to disturb the lower court's credibility determinations. The court held that the police, assisting an Administration for Children's Services (ACS) caseworker, exceeded the narrow scope of a Family Court Act § 1034 order by unilaterally entering the defendant's enclosed backyard without a warrant or exigent circumstances. The court emphasized that the order did not grant unfettered access to the curtilage of the defendant's home, which is protected under the Fourth Amendment.

Fourth AmendmentSuppression MotionBackyard SearchCurtilageFamily Court ActWarrant RequirementExigent CircumstancesPolice AuthorityACS AssistanceCredibility Determination
References
8
Case No. MISSING
Regular Panel Decision

United States v. Montes-Reyes

Defendant Leonardo Montes-Reyes moved to suppress evidence, including physical items from a hotel room search and statements, obtained on December 19, 2007. Law enforcement agents, including DEA Agent Marlow Luna, gained entry to Montes-Reyes's hotel room using a ruse about searching for a missing four-year-old girl. The court found this initial consent involuntary, equating the "missing girl" ruse to creating a false sense of exigent circumstances, similar to a gas leak emergency. The opinion determined that subsequent written and oral consents to search, as well as statements made by Montes-Reyes, were not sufficiently purged of the taint from the initial illegal entry. Consequently, the court granted Montes-Reyes's motion to suppress all the evidence.

Fourth AmendmentSearch and SeizureConsent to SearchPolice DeceptionVoluntarinessMotion to SuppressExigent CircumstancesFruit of the Poisonous TreeMiranda WarningsDrug Enforcement Agency
References
43
Case No. MISSING
Regular Panel Decision
Mar 26, 1980

People v. Grant

The defendant appealed a judgment from the Supreme Court, Kings County, convicting him of multiple counts of robbery in the first and second degrees, and criminal possession of a weapon in the second degree. The appeal brought into review the denial of the defendant's motion to suppress a .22 caliber revolver. The case arose from an armed robbery of a sporting goods store, where the defendant and two other males, armed with guns, took money from individuals and a cash register. Police officers responded, exchanged gunfire with the perpetrators, who then fled. Officers pursued footprints in the snow to a nearby abandoned building, where the defendant was found hiding. During the apprehension, an officer recovered a .22 caliber revolver from the defendant's coat pocket. The court affirmed the judgment, concluding that the police actions, including the search and arrest, were justified by reasonable belief of danger and probable cause, given the exigent circumstances and the information known to the officers.

RobberyCriminal Possession of a WeaponFirst Degree RobberySecond Degree RobberyMotion to SuppressSearch and SeizureProbable Cause for ArrestExigent CircumstancesPolice PursuitConcealed Weapon
References
20
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